Suresh Gurusiddha @ Gurusiddhappa Dalave And ANR v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

8425.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO.8425 OF 2023 IN FA/2415/2021 WITH CIVIL APPLICATION NO.8423 OF 2023 IN FA/2411/2021 NARSINGH NAGNATH SHINDE (DIED) THROUGH L.RS.GODABAI KERBAJADHAV & OTHERS

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the applicants : Mr.L.C.Patil AGP for Respondent-State : Mr.K.B.Jadhavar Advocate for Respondent no.3 : Mr.R.A.Tambe ...

CORAM :ARUN R. PEDNEKER, J.

DATE :29.08.2023 P.C. :

1] Heard rival submissions.

2] The respective applicants are seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body along with the interest accrued thereon. It appears that the appellant - acquiring body has deposited only 75% of the total compensation amount.

3] Vide order dated 14.09.2021, this Court in other connected matters has already permitted the

8425.23CA applicants therein to withdraw 75% of the total compensation amounts. In view of the same, the present applicants are permitted to withdraw the entire deposited amount of compensation which is 75% of the total compensation amount alongwith the accrued interest thereon i.e. 50% on usual undertaking and 25% on furnishing solvent security / surety to the satisfaction of the Registrar [Judicial] of this Court.

4] The Civil Applications are accordingly disposed of.

[ARUN R. PEDNEKER] JUDGE DDC